JANGIR SINGH AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a jail appeal preferred by Jangir Singh and Nichhatar Singh against the judgment of the Additional Sessions Judge, Sri Ganganagar, dated Aug. 8, 1974, by which each of them was convicted under section 302, I. P. C. and sentenced to under go imprisonment for life.

(2.) Briefly stated, the prosecution case against the appellants was as follows :

(3.) Pritam Singh, deceased, was a servant of Budh Singh and in that capacity he used to work at the latters agricultural farm, Bachan Singh and Mallu Ram also were engaged as labourers on daily wages by Budh Singh for his work at the farm. At about 7 P. M. on Sept. 7, 1972, Nathu Singh son of Budh Singh, accompanied by Bachan Singh, Mallu Ram and Pritam Singh, deceased left the farm, after finishing tbe work. All of them were going along with a water channel. Bachan Singh and Mallu Ram were moving a little ahead of Nathu Singh and Pritam Singh. On both the sides of the water channel there were standing Arhar crops in the fields. When they hardly gone a few yards from the farm, both the appellants, who were lying in an ambush inside the crops, came out all of a sudden. Nichhatar Singh appellant was armed with an axe while Jangir Singh appellant had a Barcha in his hand. At the sight of Pritam Singh, they made a concerted attack on him and struck blows on his bead with the reverse side of their weapons. As a result of the blows, Pritam Singh fell down and his wounds bled profusely. Nathu Singh, who was with Pritam Singh, raised an outcry which attracted Jalora Singh to the place of occurrence. On hearing his cries, Bachan Singh and Mallu Ram, who were going a little ahead of him, ran away on account of fear. When Jalora Singh came to the place of occurrence, he and Nathu Singh asked the assailants not to beat Pritam Singh, but the latter continued to shower blows on the deceased. When Nathu Singh and Jalora Singh raised a hue and cry, the appellants disappeared from the place of occurrence along with the dead body of Pritam Singh. Nathu Singh and Jalora Singh, thereupon, rushed to the village and related the whole of the incident to Budh Singh, P. W. 4, and other persons in the village. Some of the villagers went to the place of incident but they could not found there the dead body of Pritam Singh. Nathu Singh then went to the police station, Sangaria, on the next day of the occurrence and lodged a verbal report with the police about the occurrence at 8.30 a. m. The police registered a criminal case under sections 302 and 201, I. P. C. on the basis of the first information report made to them by Nathu Singh and took up usual investigation into the matter. Niranjan Singh, A. S. I. came to the spot, inspected the site, prepared a site inspection memo and a site-plan and arrested the appellants in the evening. After their arrest Jangir Singh and Nichhater Singh furnished separate information's, while in police custody, to Nirarijan Singh, A. S. I. which, later on, led to the recoveries of one Barcha and one axe from their houses respectively. On Sept. 9, 1972, Nachhattar Singh supplied an information to the police about the place where the dead body of Pritam Singh had been concealed by him and Jangir Singh. In pursuance of the above information the dead body was recovered from the field of one Roop Singh at the instance of Nichhattar Singh. The police prepared an inquest report on the dead body and then called for Dr. S. M. Saini, Incharge, Primary Health Centre, Sangaria, to perform post-mortem examination. Dr. S. M. Saini examined the dead body and found the following external injuries on it:-